Program Operations Manual System (POMS)

A. Policy if one child files on another earnings record (ER)

If one of the children who are currently entitled to child's benefits on a particular
ER files an application for child's benefits on another ER, all such children who
could also be entitled on the second ER are automatically entitled on that ER, regardless
of whether they file.

B. Policy when some, but not all, children are entitled on two or more ERs

1. General rule if some, but not all, children are entitled

•

If some of the children are eligible only on one ER and other children are eligible
on the same ER as well as on another ER, an application for children may be restricted if this would permit payment of benefits on both ERs.

•

Generally, the question of restricting the application arises in a situation in which
some of the children can be entitled only on the ER with the higher Primary Insurance
Amount (PIA); and if,

•

The application for the children who can be entitled on both is limited to the ER
with the lower PIA; the total benefits payable to the family would be higher.

2. Volunteering advice on restricting applications

a. Considerations

Restricted applications are not controlled.

•

Remember that a restriction could ultimately disadvantage some children in the event
later deduction or termination events make it advantageous to have filed on another
account. Therefore, exercise caution as to when to volunteer advice on restricting
applications.

•

There will be some instances when a restriction would be advantageous. In these instances,
advise the claimant about restricting the application. The family could receive substantially
more in benefits with little or no risk resulting from the restriction in these cases.

•

There will be instances in which the current advantage is so substantial that they
outweigh a possible future disadvantage.

b. Factors affecting whether to volunteer advice

The decision on whether to volunteer advice about restricting an application depends
on a number of factors, such as:

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Whether any children are already entitled and the ER on which they are entitled,

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The number and ages of the children,

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PIAs in question, and

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Sometimes, whether the children are or will remain together, or whether the payee
will change during the period of potential entitlement.

NOTE: If, from consideration of these factors, it appears reasonably clear there will
be material advantage, volunteer the advice. If the applicant requests information,
you may furnish it. In either event, the applicant must make the decision to restrict
the application.

3. When not to restrict an application

•

Do not restrict the application if some of the children are entitled only on the ER
with the lower PIA and other children can be entitled on both ERs. This is because
the payment of benefits for the children eligible on both ERs is limited to the one
with the higher PIA with the added advantage of the combined maximums in the computation
of their benefits. For information on when a child should file on another ER, see
RS 00203.060D in this section.

•

At the same time, the benefit amounts for the children entitled only on the ER with
the lower PIA are computed as if the simultaneously entitled children were nonexistent.
For information on simultaneous entitlement of children on more than one SSN, see
RS 00615.770.

C. Choosing between two ERs

1. Entitlement under another ER

Where one or more children receiving benefits on the ER of one NH could become entitled
on another NHs ER, consider the various factors that may result in a lower child's
benefit even though the PIA may be higher. Follow the same procedures suggested in
RS 00203.060B in this section.

2. Examples of factors resulting in a lower child’s benefit

a.

In the case of a deceased NH and a living NH, the living NH may return to work, causing deductions.

b.

In the case of two deceased NHs,the maximum may be involved with respect to one of the ERs so that the child would
actually receive a lower benefit even with combined maximums.

c.

In the case of two living NHs, either work deductions, reduction for the maximum, or both may be involved.

For a discussion of amount and payment of benefits to a child entitled on more than
one ER, see RS 00203.025.

D. Policy when a child should file on another ER (maximum applies)

When the maximum applies because two or more beneficiaries (at least one child) are
entitled to benefits on one ER and at least one child could become entitled on another
ER, discuss with the applicant the possible advantage of filing an application on
behalf of the latter child based on the second ER.

Entitlement permits combining the family maximum amounts (subject to the maximum limitation
described in RS 00615.770A) for determining the maximum. The award form and the award letter reflect the resulting
higher benefits.